GUTTI SANGEETHA Vs. GUTTI VENKATA RAJU @ BOBBI

JUDGEMENT

(1.) These two appeals arise out of a common order dated 14.12.2010 passed by the Judge, Family Court, Visakhapatnam in O.P.No.778 of 2007 and O.P.No.257 of 2008. For the sake of convenience, the parties are referred to as arrayed in F.C.A.No.183 of 2011.

(2.) The appellant is the wife of the respondent. Their marriage took place on 30- 04-2006 at Visakhapatnam. Shortly thereafter, the respondent filed O.P.No.439 of 2006 in the Court of the Judge, Family Court, Visakhapatnam, under Section 9 of the Hindu Marriage Act, 1955 (for short "the Act") for a decree of restitution of conjugal rights against the appellant. It is stated that the appellant expressed her inclination to join the company of the respondent. Later, however, the respondent has withdrawn O.P.No.439 of 2006 and immediately filed O.P.No.778 of 2007 in the same Court under Section 13(1) (ia) of the Act for dissolution of the marriage. On her part, the appellant filed O.P.No.257 of 2008 in the same Court against the respondent under Section 9 of the Act for decree of restitution of conjugal rights. Through common order dated 14.12.2010, the Family Court dismissed both the O.Ps. Hence, these two appeals, one by the appellant herein and the other by the respondent.

(3.) Heard Sri P.R.K. Amarendra Kumar, the learned counsel for the appellant and Sri S.A.V. Ratnam, the learned counsel for the respondent.